Cited by
Opinions in Minnesota that cite In Re Petition for Disciplinary Action Against Effertz, 773 N.W.2d 303.
- A25-1390 Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota v. Dennis Vincent Gomez
Minn. Ct. App. 2026
The district court must “balance the relevance of the other offenses, the risk of the evidence 12 being used as propensity evidence, and the State’s need to strengthen weak or inadequate proof in the case.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
Although we acknowledge that evidence of criminal sexual conduct in particular “can be highly prejudicial,” we are unconvinced that this error altered the outcome of the trial.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(determining that district court abused its discretion by admitting Spreigl evidence of defendant’s past criminal sexual conduct, but concluding that the error was harmless, in part, because district court provided the jury with limiting instructions and “jury is presumed to have followed [the]
- State of Minnesota v. Frank John Rakowiecki Minn. Ct. App. 2026
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State of Minnesota v. Deshon Israel Bonnell
Minn. 2026
To demonstrate prejudice, a defendant must show that “there is a reasonable possibility that the wrongfully admitted evidence significantly affected the verdict.” d 48, 54 (Minn. 2024) (citation omitted) (internal quotation marks omitted); (“To warrant a new trial, the erroneous admission of Spreigl evidence must create a reasonable possibility that the wrongfully admitted evidence significantly affected the verdict.” (citation omitted) (internal quotation marks omitted)).
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State of Minnesota v. Jaisden Harold-Dru Hanners
Minn. Ct. App. 2026
d 303, 320 (Minn. 2009) (stating that juries are presumed to follow district court instructions).
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Distinguished
State of Minnesota v. Lue Moua
Minn. Ct. App. 2026
As authority for his claim
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In determining whether the probative value of other-acts evidence is outweighed by its potential for unfair prejudice, a district court must “balance the relevance of the other offenses, the risk of the evidence being used as propensity evidence, and the State’s need to strengthen weak or inadequate proof in the case.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
21 The Minnesota Supreme Court has explained that, to determine “whether [the] probative value [of other-acts evidence] outweighs its potential for unfair prejudice,” appellate courts “balance the relevance of the other offenses, the risk of the evidence being used as propensity evidence, and the State’s need to strengthen weak or inadequate proof in the case.”
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In applying step five, the district court must “balance the relevance of the [Spreigl] offenses, the risk of the evidence being used as propensity evidence, and the State’s need to strengthen weak or inadequate proof in the case.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
To evaluate this question, “we balance the relevance of the [Spreigl evidence], the risk of the evidence being used as propensity evidence, and the [s]tate’s need to strengthen weak or inadequate proof in the case.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
on June 14, July 16, and August 2 and Exhibit 10, a screenshot of a text message of the OFP, because the exhibits were “inadmissible evidence of other crimes.”
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State of Minnesota v. Tylynne Lashawn Wilson
Minn. Ct. App. 2025
(holding that appellant’s close-range shooting of victim in the abdomen, “a vital part of the body,” then leaving victim “lying on the ground, still alive and bleeding” was sufficient evidence to support intentional felony murder conviction).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
If a district court has erroneously admitted Spreigl evidence, an appellate court “must determine whether there is a reasonable possibility that the wrongfully admitted evidence significantly affected the verdict.” Ness, d at 691; -21 (Minn. 2009).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
(holding that the state needed Spreigl evidence to rebut defendant’s testimony that the charged offense was an accident).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
-21 (Minn. 2009) (stating that the jury is presumed to have followed limiting instructions and concluding that the district court’s erroneous admission of evidence was not reversible error because there was no reasonable possibility that the evidence significantly affected the verdict).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
One such purpose is when the other acts “were part of the immediate episode for which defendant is being tried.” -16 (Minn. 2009) (quotation omitted).
- State of Minnesota v. Frank James Bigbear Minn. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
To make this determination, appellate courts “balance the relevance of the [prior] offenses, the risk of the evidence being used as propensity evidence, and the State’s need to strengthen weak or inadequate proof in the case.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
(stating that intent is “an inference drawn by the [fact -finder] from the t otality of the circumstances”).
- State of Minnesota v. John Ishmael Bradley, III Minn. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
-16 (Minn. 2009) (recognizing the admissibility of “evidence which relates to offenses that were part of the immediate episode for which [a] defendant is being tried” (quotation omitted)); d 125, 131 (Minn. App. 2009) (concluding that “a rule 404(b) analysis is unnecessary if the evi
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
When evaluating whether the potential for unfair prejudice outweighs the probative value of the Spreigl evidence, we must “balance the relevance of the [Spreigl evidence], the risk of the evidence being used as propensity evidence, and the [s]tate’s need to strengthen weak or inadequate proof in the case.”
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State of Minnesota v. Keith Alan Powelson
Minn. Ct. App. 2023
(a defendant’s intent may be reasonably inferred from other facts and is usually resolved circumstantially by the fact-finder); - 26 (Minn. 1999) (the fact-finder can discern a defendant’s intent from the totality of
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
-16 (Minn. 2009); Spreigl, d at 173.2 In this case, however, we need not decide whether admitting the evidence was an abuse of discretion because the error, if any, was harmless.
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State of Minnesota v. Dennis Lee Busse
Minn. Ct. App. 2023
(noting that the jury draws an inference of intent “from the totality of circumstances” (quotation omitted)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
26, 2020); (stating that juries presumably follow instructions).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
26, 2020); (stating that juries presumably follow instructions).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(stating that juries presumably follow instructions); (stating that cautionary instructions reduce risk of unfair prejudice).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“Intent is generally proved by inferences drawn from a person’s words or actions in light of all the surrounding circumstances.” (quotation omitted); (noting that the jury draws an inference of intent “from the totality of circumstances” (quotations omitted)).
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, A22-0290
Minn. 2023
13 disbelieved any testimony conflicting with that verdict.” (citation omitted) (internal quotation marks omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
When evaluating whether the potential for unfair prejudice outweighs the probative value, appellate courts “balance the relevance of the [Spreigl evidence], the risk of the evidence being used as propensity evidence, and the State’s need to strengthen weak or inadequate proof in the case.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
When evaluating whether the potential for unfair prejudice outweighs the probative value of the evidence, appellate courts “balance the relevance of the [Spreigl evidence], the risk of the evidence being used as propensity evidence, and the State’s need to strengthen weak or inadequate proof in the case.”
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State of Minnesota, Appellant,
Minn. Ct. App. 2023
Evidence of intent is typically circumstantial because “[i]ntent is generally proved by inferences drawn from a person’s words or actions in light of all the surrounding circumstances.” (quotation omitted); (noting that the jury draws an inference of intent “from the totality of the circumstances” (quotations omitted)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
26, 2020); (stating that juries presumably follow instructions).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In the context of Spreigl evidence, the district court’s erroneous admission “must create a reasonable possibility that the wrongfully admitted evidence significantly affected the verdict.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
1 Yang also states that the district court “appeared to invoke the ‘immediate episode’ doctrine of admissibility.” Th is doctrine allows admission of evidence of other offenses only where the other offenses and the charged offense are “linked together in point of time or circumstances so that one cannot be fully shown without proving the other.” (quotation omitted).
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In the Matter of the Welfare of: D. L. N., Child.
Minn. Ct. App. 2023
-16 (Minn. 2014) (reasoning that review is limited to the rationale cited by the district court, and not the one supplied by the state).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In applying the fifth prong of the test—whether the probative value of the evidence was outweighed by the potential for prejudice—the district court must “balance the relevance of the [other acts], the risk of the evidence being used as propensity evidence, and the State’s need to strengthen weak or inadequate proof in the case.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
See Tomlinson, d at 287-88 (noting that cautionary instructions reduce risk of unfair prejudice); (stating that juries presumably follow instructions).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
-16 (Minn. 2009) (recognizing the admissibility of “evidence which relates to offenses that were part of the immediate episode for which [a] defendant is being tried” (quotation omitted)); (stating that “a rule 404(b) analysis is unnecessary if the evidenc
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“To warrant a new trial, the erroneous admission of Spreigl evidence must create a reasonable possibility that the wrongfully admitted evidence significantly affected the verdict.” (quotation omitted); see also Thao, d at 839.
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
- 22 (Minn. 2009); (holding that firing a single shot from a pen gun at a victim who was 12 feet away was evidence of intent to kill).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
is that [such evidence] might be used for an improper purpose, such as suggesting that the defendant has a propensity to commit the crime or that the defendant is a proper candidate for pun ishment for his or her past acts.” (quotations omitted).
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Ronald Lewis Greer,
Minn. 2022
See, (stating that “[t]he law reflects, and the State concedes, that Fardan’s convictions should merge”); n.1.